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HomeMy WebLinkAbout03-16-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _ CITY OF ROCHESTER, MINNESOTA .5206 Reg, liar Arline irnedMeeting No 7 —March 161998 Agenda Item A-1 B-1 Im President John Hunziker called the meeting to order at 7:00 P,M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Jean McConnell, David Senjem and Walter Stobaugh. Absent: Councilmember Marcia Marcoux A Hearing on the Preliminary Approval for the Issuance of Revenue Bonds on Behalf of the Mayo Foundation. Wishing to be heard was Harry Hoffman, representing the Mayo Foundation. Mr. Hoffman thanked the Council for allowing them to use the City for the process of the issuance of revenue bonds up to $30 million. He also noted that the City is not responsible for the debt service for these bonds. The City will retain and review all documents. Having no one further wishing to be heard,. President Hunziker closed the hearing Councilmembers ; EVans _ : moved, McConnell seconded, to adopt Resolution No. 150-98 giving preliminary approval to the issuance of revenue bonds on behalf of Mayo Foundation as amended providing up to $300 million for projects in the City of Rochester and up to $30 million for the refunding of City of Mankato revenue bonds. Ayes (6), Nays (0). Motion carried. Relationship to the Mayo Foundation for Councilmembers Hruska, Senjem and Stobaugh was noted. A Hearing on Annexation by Ordinance Petition #98-2 by Guy Hostetter, Ron Lee, Cliff Buttermore and Karl Pasch to annex land located north of Viola Road/CR 2, east of Rochester Century High School and the Volleyball Center. Wishing to be heard was Guy Hostetter, 3115 Viola Road N.E., available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve Annexation by Ordinance Petition #98-2 by Guy Hostetter, Ron Lee, Cliff Buttermore and Karl Pasch and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on Annexation by Ordinance Petition #98-3 by Stephanie Pearson to annex land located north of County Road 22 (East Circle Drive) and west of 16th Avenue N.E. Wishing to be heard was Jim McGovern, 3115 161h Avenue N.E. Mr. McGovern was concerned about the sewer and water extension to the property to be annexed. He was informed by Richard Freese, Public Works Director that the sewer and water service would be running through the back easement on the west property line. Having no one further wishing to be heard, President Hunziker closed the hearing. C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 7 — March 16, 1998 5207 Agenda Item Councilmembers Evans moved, McConnell seconded, to approve Annexation by Ordinance Petition #98-3 by Stephanie Pearson and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. B-4 A Hearing on Annexation by Ordinance Petition #98-1 by Forbrook-Bigelow Development to annex land located south of 71h Street N.W., west of 44th Avenue N.W. Wishing to be heard was Bob Koester, 5202 Cameron Drive N.W. Mr. Koester's land abuts the property to be annexed. He noted that this is the last remaining land with trees between Byron and Rochester. Mr. Koester was concerned that the trees would be removed and felt that they should stay. He also asked if single family homes or apartments were going to be put on the land. Wishing to be heard was Lisa McGillivary, McGhie & Bets, representing the developer. She stated that it is intended to leave as many trees as possible in the development of the single-family homes planned for the property. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to approve Annexation by Ordinance Petition #98-1 by Forbrook-Bigelow Development and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on Type III, Phase II Land Subdivision permit #98-4 to be known as Golfview Estates Fourth located South of 55th Street N.W. and west of Nicklaus Drive. Wishing to be heard was Louis Yockey, McGhie & Betts, representing the applicant. He noted that there was one condition on a street name designation that they were not in objection to. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Hruska seconded, to approve Land Subdivision permit #98-4 to be known as Golfview Estates Fourth with one condition and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on Final Plat #97-17 to be known as Circle Drive Corporation Park Subdivision. Wishing to be heard was Mac Hamilton, one of the developers of the subdivision. He noted that approximately 200 feet have been added to the revised plat. They will have only one access point across Block 2. Charlie Reiter of the Planning Department told him that the developers might have to share in the traffic improvements for the intersection. Mr. Hamilton noted that in relation to the drainage pond, the developers would like to make the pond serve an aesthetic value to the property. 5268 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular AdJourned Meeting No 7 — March 16, 1998 Agenda Item �-3 ME C-2, 4- 9, 11, 13-20 C-1 C-2 Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 151-98 approving Final Plat #97-17 to be known as Circle Drive Corporation Park Subdivision with three conditions. Ayes (6), Nays (0). Motion carried. Mike Nigbur, Public Works Department, stated that Condition #2 has already been satisfied. A Hearing on Extension of Bus Service and Fares on Marion Road, County Road 11 and Chester Heights. Wishing to be heard was Tony Knauer, Public Works Department. Mr. Knauer stated that these areas were identified by the Citizens Advisory on Transit Committee. It is anticipated that state funding and fares will cover the costs of going outside the City. Wishing to be heard was Kevin Guy, 2241 Marion Road S.E. Mr. Guy noted that this service will serve his family and his business located on the outskirts of town. Having no one further wishing to be heard, President Hunziker closed the hearing Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 152-98 establishing Route 17 serving Marion Road, County Road 11 and the Chester Heights area; establishing a fare schedule for Route 17; and authorizing the execution of an agreement with the Minnesota Department of Transportation for funding under its "Access to Jobs" program. Ayes (6), Nays (0). Motion carried. A Hearing on the Grant Application for Assistance From the Federal Transit Administration (FTA) Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No. 153- 98 authorizing submission of the grant application and execution of the contract for financial assistance for 1998 operations and the purchase of buses and passenger shelters. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Hruska seconded, to approve the following consent agenda items: See at end of C items Adopt Resolution No. 154-98 approving the change in ownership for the Woolworth/Hilton project from Healthco, Incorporated to GAC Development, LLC. 1 C-3 I See at end of C items RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5269 Regular Adjourned Meeting No. 7 — March 16, 1998 Agenda Item C-4 I Approved the following licenses and miscellaneous activities: Gambling — Renewal Premise Permit Rochester Juvenile Hockey Association at Rookies Sports Grill & bar National Multiple Sclerosis Society at Kathy's Pub Circus World Bingo Gambling - Temporary Raffles Rochester art Center — Raffle at Mayo Civic Center — May 15, 1998 Celebration of a City — Raffle at John Marshall Stadium — June 28, 1998 Sewer and Drain License Dan Caestensen DBA C & C Excavating, Mantorville Robert More DBA BMG Excavating, Kasson On -Sale 3.2 Beer License Nancy Feng DBA Sky Dragon Buffet, 34 17th Avenue N.W. Miscellaneous Supplies VFW Post #1215 Poppy Day Sales — May 15 & 16, 1998 March of Dimes Walk-A-Thon — April 25, 1998 First Bank Grand Opening — March 30, 1998 C-5 IApproval of the transfer of the On -Sale Intoxicating Liquor license for Hunan Chinese Restaurant, 844 South Broadway, to Sam-Oeun Ung and Samath Ung. C-6 Approval of issuance of On -Sale Intoxicating Liquor License to Rookies Sports Grill & Bar, Incorporated, to Midway Motor Lodge/Hoffman House Restaurant at 1517 16th Street S.W. C-7 I Approval of the payment of Accounts Payable in the amount of $1,391,325.88. C-8 Approval of the quarterly investment reports for the City's portfolio. C-9 Adopt Resolution No. 155-98 entering into a settlement agreement with AMCO Insurance Company for reimbursement of worker's compensation benefits paid by the City to a city employee as a result of a traffic accident occurring on October 10, 1997. C-10 See at the end of the C items. C-11 Adopt Resolution No. 156-98 approving the distribution of the draft Environmental Impact Statement for the Mayo Foundation Gonda Building for public review and comment. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 210 RPgi,lar Ar innianed Mee-t*n�aZMarch 16, 1998 Agenda Item C-12 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-1 See at end of C items Adopt Resolution No. 157-98 authorizing the City Clerk to advertise for bids for Project No. 6219-4-96 (J-9362) "Resurface, Concrete Curb. and Gutter on 191h Street N.W. from 18 Y2 Avenue N.W. to CSAH 4". Adopt Resolution No. 158-98 authorizing the City Clerk to advertise for bids for Project No. 6306-3-95 (J-9328) "Reconstruct and Widen 6th Avenue S.W. from 2"d Street S.W. to 6th Street S.W.". Adopt Resolution No. 159-98 authorizing the City Clerk to advertise for bids for Project No. 6202-2-79 (J-8692) "Reconstruct and Widen 6 h Street S.E. from 4th Avenue to 13th Avenue". Adopt Resolution No. 160-98 receiving the feasibility report and ordering a hearing to be held on April 20, 1998 for Project No. 6310-3-98 (J-9482) "Watermain Extension in 1 Oth Avenue S.W. in Airport Industrial Park Subdivision". Adopt Resolution No. 161-98 authorizing the Mayor and City Clerk to enter into the Utility Connection Agreement, record the Utility Connection Agreement with the Olmsted County Recorder, levying "unpaid charges" if payment not made by February 2, 2001, and levy supplemental charge if not connected by February 2, 2003 for Project No. 6225-3-97 (J-9464) "Extension of Sanitary Sewer and Watermain in 25th Street S.W. from Meadow Hills Drive S.W. to the West". Adopt Resolution No. 162-98 adding Paragraph (8) to Section D — "Truck Loading Zones" to read: (8) West Center Street, on the north side from Third Avenue to a point 40 feet more or less west of the driveway for the premise known as 9 Third Avenue N.W., at all times. Delete Paragraph (6) of Section J — "Passenger & Commodity Loading Zones". Adopt Resolution No. 163-98 deleting Paragraphs 5, 5.1, 5.5, 11.5, 24, 28, 28.6, 43.2, 50, 53, 54, 60, 61, 67, 68, and 89.5 from Section E — "Passenger Loading Zones" of the Comprehensive Traffic and Parking Resolution Book. Adopt Resolution No. 164-98 authorizing the City Clerk to advertise for bids for the downtown bus stop modifications to be opened on April 13, 1998. Ayes (6), Nays (0). Motion carried. Councilmember Evans ask that the minutes for the March 2, 1998 meeting reflect that he and Councilmember Hruska voted nay on entering into an agreement for design services with HNTB for the 71h Street Pedestrian Bridge. Councilmembers Hruska moved, Evans seconded, to adopt the March 2, 1998 minutes as amended. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 7 — March 16, 1998 5 211 Agenda Item C-3 Councilmember McConnell asked for clarification on the proposed ordinance amendment for a general penalty provision in the City Traffic Code. He also wanted to make sure that only snowbirds are being towed and not other cars on the streets. Councilmembers Evans moved, Stobaugh seconded, to approve the ordinance amendment for a general penalty provision in the City Traffic Code and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. C-10 Councilmember Senjem referred to the request for the advertising of fire trucks. He felt that the City is shortchanging itself in regard to aerial trucks; lack of height and a pump on it. He also referred to a letter from John Brunnette and the need for discussion of a strategic plan for the Fire Department. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 165-98 authorizing the City Clerk to advertise for bids for one (1) aerial platform and two (2) pumper fire trucks. Ayes (4), Nays (1), Abstain (1). Motion carried. Councilmember Senjem voted nay; Councilmember McConnell abstained to further study the issue. C-12 Councilmember Evans wanted to thank Robert R. Connelly of Connelly's Genuine Army Surplus for the donation of $200 to the Rochester Police Honor Guard to assist with clothing and equipment expenses. Councilmembers Evans moved, Senjem seconded, to accept the donation from Robert R. Connelly to the Rochester Police Honor Guard. Ayes (6), Nays (0). Motion carried. D-1 a Jake Muldrow requested to be heard regarding his rental property at 219 Sixth Avenue S.W. Mr. Muldrow is charging that he is being treated unfairly by the Building and Safety and Fire Departments in so much as the violations they have cited him on are cosmetic only. Mr. Muldrow explained that he is trying to secure low-cost loans through the local Housing and Redevelopment Authority but that the monies are not available for everyone who applies. He is hopeful that he will be able to receive funding for the next fiscal year. Councilmembers asked Mr. Muldrow why he has not done anything to date but continues to wait for monies that might not be forthcoming. The Councilmembers agreed that they wanted further information on the issue. City Attorney Terry Adkins informed the Council that Mr. Muldrow must make written appeal to the City Clerk concerning the outstanding fire code violations and to the Housing Board of Appeals for the housing code violations. After a formal appeal is received, hearings can be scheduled. D-1 b Representatives from the Kings Run Neighborhood requested to be heard before the Council on the zoning of property located at the corner of 55th Street and 18th Avenue N.W. Wishing to be heard was Don Vestweber, 1610 Kings Run Drive N.W. Mr.Vestweber read a copy of a letter from the residents of the Kings Run area expressing their desire to have the Council initiate changes to down -zone the present zoning designations on the S.E., S.W., and N.E. corners of the 18th Avenue and 55th Street interchange. Mr. Vestweber noted that many residents, when they purchase their homes, are unaware of the zoning around them or are told that the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 212 Rag, liar Adjol irned Meeting No 7 — March 16. 1998 Agenda Item H-1 zoning is residential. Residents need to count on moving into an area of the City and feeling secure in the knowledge that their neighborhood will not be rezoned to allow for commercial. The Planning and Zoning Department need to be more realistic in their accounts of the future of neighborhoods. Mr. Vestweber estimated about 300 people signed the petition for down -zoning of the S.E. corner and about 70 on the reaffirming of the land use map designating corners on the S.W. and N.E. President Hunziker noted another letter requesting the same from other members of the Kings Run area. Councilmember McConnell stated that he would like to go on record as supporting all of the requests of the Kings Run area residents. Councilmembers McConnell moved, Stobaugh seconded, to move to the Other Business portion of the agenda at this time. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to refer to the Planning and Zoning Commission for consideration and action a resolution which would carry forth the recommendations noted in the letter that we have just heard. Discussion. Councilmember Senjem stated that his action for the motion was to put the process in motion. That an R-3 in the'S.E. corner would be more appealing to him. The substance of the neighborhood and how it has changed and the present B-4 zoning is something that perhaps needs to be changed. Phil Wheeler, Planning Department, noted that the properties in the urban service area are subject to the City's land use plan but not yet subject to the zoning ordinance. The action would be treated as a Council -initiated amendment to the Land Use Plan and for those areas within the City, it would be a Council -initiated amendment to the Zoning Map. Both would be taken to the Planning Commission. Ken Moen, representing the Thede/Nelson Property recently rezoned on the N.W. corner. They are asking that the ordinance dealing with the zoning change on the N.W. corner be given both a first and second reading at this Council meeting. He noted that the S.E. corner was zoned commercial before the residential aspect moved in. They have no objection in referring to the Planning staff the remainder of the intersection of 55th Street and 181h Avenue as long as it does not interfere with the N.W. corner. Wishing to be heard was Roger Carlson, one of the owners of Dakota, Kings Run. When they bought the property ten years ago, 80 percent of the property was zoned B-4, part R-3. They have rezoned as they went along with the development but have always maintained that the corner would stay B-4 and all of the general development plans show the same. Wishing to be heard was Jerry Nelson, Thede/Nelson Project. Mr. Nelson noted that they met with the neighbors and agreed with the Council to make the necessary changes as were needed. Where is this going to end; this will affect all the developers in Rochester. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5213 Regular Adjourned Meeting No. 7 — March 16, 1998 Agenda Item Councilmember Evans noted that his business is located on a corner with commercial businesses on the remaining three corners. He has residential abutting his business and doesn't think that it hurts the residential area at all. Ayes_ (4) ,_ Nays (1) , Abstain (1). Motion carried. Councilmember Evans ,voted,.nay;, Councilmember; Stobaugh .abstained D-1 c Wishing to be heard was Norm Nelsen, 5618 261h Avenue N.W. Mr. Nelsen agreed with the residents of Kings Run in questioning who do you trust through all the development and rezoning questions. He noted that there needs to be some consistency in interpreting the land use and zoning laws. E-1 Councilmembers Evans moved, Stobaugh seconded, to authorize the transfer of $100,000 from the Future Construction Account to fund the Traffic Signal Energy Conversion project. Ayes (6), Nays (0). Motion carried. E-2 Wishing to be heard was David Pennington, President of the Board of Directors, Olmsted County Historical Society. Mr. Pennington asked the Council to reconsider their previous action denying funding for signs for the "Laura Ingalls Wilder" historic highway. Mr. Pennington explained that Rochester was in the center of the travels of the Laura Ingalls Wider family as they moved throughout the southeastern part of Minnesota. He said that the designation would allow the Historical Center to put on various celebrations around the life of the subject and of the period in which she lived. He asked the Council to consider paying one-half of the costs of the signs with the other one-half coming from supporters. Wishing to be heard was Brenda Riggott, Executive Director of the Rochester Visitors and Convention Bureau, also requesting the support of the Council. She noted that the historic highway is receiving national and international attention and can only enhance bringing visitors to the City. Councilmembers Hruska moved, Stobaugh seconded, to approve the appropriation of one-half of the cost of signage (up to $900) for the "Laura Ingalls Wilder" historic highway. Ayes (6), Nays (0). Motion carried. E-3 Councilmembers Evans moved, Stobaugh seconded, to approve entering into negotiations with Tri State Outdoor Media Group to determine the amount of compensation for removal of the existing advertising sign currently on the Brown Lot, the site of the new parking ramp. Ayes (6), Nays (0). Motion carried. E-4 Councilmembers McConnell moved, Hruska seconded, to approve the amendment to RCO 125A.04, subd. 4 and approve a Dance License and Sound Amplification permit for the Rochester Softball Association to hold a dance at McQuillan Park on August 1, 1998 to raise funds for the McQuillan Softball Complex and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-5 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 166-98 authorizing the retention of Sebesta Blomberg to perform an energy audit at the Mayo Civic Center and Recreation Center buildings for a fee not to exceed $40,000. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5214 Rag, liar Adjo, imed Meeting No 7 — March 16, 1998 Agenda Item E-6 E-7 E-8 E-9 E-10 E-11 E-12 E-13 F-2a Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 167-98 approving Annexation Petition #98-5 by Richard Badger to initiate orderly annexation of 6.31 acres of land located north of Valley High Drive N.W. and east of West Circle Drive and to be put in the I (Interim) Zone upon annexation. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 168-98 accepting $42,495 from the Department of Justice Cops More 96 Grant for the purpose of using civilian police aids to assist officers and the purchase of mapping and GIS software. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Senjem seconded to approve sending the policy on Contribution Agreements for Improvements to Substandard Roads to the Planning and Zoning Commission for a public hearing. The hearing will be for the purposes of authorizing the City Council to create an ordinance for this policy. Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 169- 98 entering into the Annexation/Utility Connection Agreement and Agreement for Municipal Water Service with Westridge Hills, Inc. for property located along 11th Avenue S.W. between 40th Street S.W. and 48th Street S.W. and authorize the City Clerk to record the agreements. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 170-98 authorizing the Mayor and City. Clerk to execute a contract with Jerry Dooley to serve as a Neighborhood Development Coordinator for a salary of $14,000 and $2,400 for the purchase of a computer from the 1998 Contingency Account. Ayes (6), nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 171-98 calling for a Public Hearing on April 6, 1998 to consider the proposal of PEMSTAR, Incorporated for the issuance of Industrial Revenue Bonds. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 172-98 entering into a skyway agreement with GAC and Mayo Foundation for the construction, operation and maintenance of the Second Street S.W. skyway improvements in accordance with terms as outlined in the Request for Council Action. Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to approve the change in license name for the On -Sale Intoxicating Liquor License for Bilotti's Italian Village to Brucie Beattie, Incorporated DBA Bilotti's Italian Village 304 First Avenue S.W. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning 24.1 Acres of Land From the R-1 District to the R-3 District, Rezoning 8 Acres of Land from the R-1 District to the B-1 district, and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5215 Regular Adjourned Meeting No. 7 — March 16, 1998 Agenda Item Councilmembers Hruska moved, Evans seconded, to suspend the rules and give the Ordinance a second reading. Ayes (6), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Evans moved, Hruska seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (18th Avenue and 55th Street N.W. — Thede and Nelson) )F-2b An Ordinance Annexing to the City of Rochester Approximately 56.97 Acres of Land Located in a Part of the NW 1/4 of the NW 1/4 of Section 29, the SW 1/4 of the SW 1/4 of Section 20, and the South Half of the SW 1/4 of Section 20, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (North of Viola Road, East of Rochester Century High School and the Volley Ball Center — Hostetter, Lee, Buttermore and Pasch) F-2c An Ordinance Annexing to the City of Rochester Approximately 2.5 Acres of Land Located in a Part of the SE1/4 of the NE1/4 of Section 24, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (North of East Circle Drive, West of 16th Avenue N.E. — Pearson) F-2d An Ordinance Annexing to the City of Rochester Approximately 10.96 Acres of Land Located in a Part of the SE 1/4 of the NW 1/4 and the NW 1/4 of Section 32, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 7th Street N.W., West of 44th Avenue N.W. — Forbrook-Bigelow) F-2e An Ordinance Amending and Reenacting Section 130.06 of the Rochester Code of Ordinances, Relating to the Penalty Provisions for Violations of Chapters 130 through 137, was given a first reading. F-2f An Ordinance Amending and Reenacting Subdivision 4(3) of Section 125A.041 of the Rochester Code of Ordinances, Relating to Hours of Sales of Intoxicating Liquor at McQuillan Park, was given a first reading. F-2g An Ordinance Annexing to the City of Rochester a Portion of the NE 1/4 of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (Badger Trust — Orderly Annexation) F-3a An Ordinance Amending and Reenacting Sections 112.01, 112.03, 112.04, 112.05, and 12.06 of the Rochester Code of Ordinances, Relating to the Registration Requirements for Door -to -Door Salespersons and Solicitors, was given a second reading. Councilmembers Evans moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-3b An Ordinance Amending the Provisions of Ordinance No. 3095 Which Provided for the Annexation to the City of Rochester of a Portion of the South 1/2 of the NE 1/4 of Section 20, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Hruska moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (Correction of Hamilton Ordinance — SE Corner Valleyhigh Road and West Circle Drive Intersection) rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .5216 Regular A iourned Meeting No 7 — March 1 R. 1998 Agenda Item F-3c F-4a F-4b An Ordinance Annexing to the City of Rochester Approximately 5.06 Acres of Land Located in a part of the SW 1/4 of the SW 1/4 of Section 9 and the SE 1/4 of the SE % of Section 8, Cascade Township, Olmsted County, Minnesota, was given a second reading. Councilmembers McConnell moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (North side of 55th Street N.W., West of 55'h Street Estates Subdivision, East of Fairway Drive N.W.) Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 173- 98 entering into a City -Owner Contract with Payne Company and Friedrich Construction for Project No. J-9458 "Watermain to Serve Century Hills Townhomes (Lots 6-25, Block 1)". Ayes (6), Nays (0). Motion carried. Councilmembers Hruska moved, Senjem seconded, to adopt Resolution No. 174- 98 entering into a City -Owner Contract with Circle Drive Corporate Park, LLC and Swenke Company, Incorporated for Project No. J-9478 "Basic Construction in Circle Drive corporate Park (Lots 1-4, Block 1, and Lots 1-3, Block 2". Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Evans moved, Hruska seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk 1